The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1887-10-01
FINE POINT IN LAW.
Can State Be the Owner of Real Propert,
in Another State?


in Another State?
During February of the present year
prominent Chattanooga wanted to
secure the property on Georgia avenue
and Tenth street belonging to the State
of Georgia, and, desiring to deal direct
with the Executive head of the State,
dispatched one of our leading at
torneys to Atlanta to negotiate for
the purchase with Governor Gordon.
The lawyer waited upon the Governor
in the Executive Office of the capitol
and forthwith stated the object of his
errand. Governor Gordon, cautious
in all things, claimed he could not
enter into trade without first receiv-
ing an order from the Legislature for
the sale of the property. This brought
about discussion regarding the title
the State of Georgia had to the proper
ty, and in the conversation an idea
dawned upon the mind of the Chat
tanoogan which he straightway gave
to the Governor in a 'brief'' style. He
said:
1.-THE right of way of the Western
& Atlantic road, including the Union
station grounds of eleven acres, was
conveyed by various parties to the
State of Georgia, The territorial linn
its Of this State were fixed when it was
admitted into the Union, and for it to
be able to acquire title to any real
estate beyond the limits as fixed would
be to permit it to change its boundary
lines ad libitum, which it can not do
under the Constitution of the United
States without the consent of the leg
islatures of the two States concerned
as we'll as of Congress. Further, if
the State of Georgia has the title to the
land in question, then it has absolute
dominion and sovereignty over it,
powers of police regulation, ETC., to
the exclusion and wholly independent
of the State of Tennessee; and if an
offense shonld be committed by any
one on the land in question the offender
would have to be held amenable
therefor to the laws of Georgia and not
of Tennessee, as there can be but one
sovereignty over the same. The
question, then naturally arises:
in whom is the title to the land
vestedp 1t must revert to the original
vendors to the State of Georgia, as
the State can not hold it, else it must
cscheat to the State of Tennessee
most likely to the latter"
As the attorney concluded his re-
markable verbal brief. delivered, of
course, in more concise and forcible
style than the Times is able to quote,
his distinguished auditor evinced con-
siderable interest, and calculated
something like: "Well, there is con-
siderable in that. isn't therep" Furth-
er along he evinced surprise that
| the matter had not before been put in
this light by able legal lights who had
| interests in the matter.
This property in question is far from
being Insignificant, representing fully
| 81, 000, 900, not n bad stake for Tell
nessee to gobble. Upon what is
known as Georgia land stands the
Western G. Atlantic station, the new
block of buildings recently erected on
Ninth street. the triangle at the corn
er of Tenth street and Georgia avenue,
and should the matter ever be given
consideration. it would affect Union
station. the Nashville a. Chat
tanooga station, the Palace Hotel, and
the entire tract of land known as the
Nashville flats, this property having
been sold by Georgia.
Never before has there been any at